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Q & A

Q1: “I have overstayed, and can I still get a visa?”

A.

There are two kinds of Japanese visa: one is what is based on job or other causes, and the other is what is based on human relations like family.

Except for permanent residence visa, visa has validity period. Once it is expired, you will become an illegal foreign national. However, even when you have overstayed, there are some cases that the Minister of Justice may grant special permission for residence. The cases are as follows are as follows

--When you have married with a Japanese person

--When you need to raise children in Japan

--When you have already stayed in Japan for long term

As each of you have different circumstances and recently Immigration Services Agency of Japan deal with this matter strictly, it would be better to ask an attorney who is familiar with records of trials and judicial precedents. Of course, I can also deal with your case. I am now working tackling these immigration cases in cooperation with overseas lawyers and NGOs like the Philippines, Turkey, and other Asian countries. It is very helpful to claim overseas social situation why you have to stay in Japan.

Q2: “When my visa expires, is it better to apply for recognition of refugee status? How many of applicants are recognized in Japan?

A.

Under the Refugee Convention, when you have well-founded fear of being persecuted and the fear is based on religion or membership of a particular political opinion if you go back to your country, by being recognized as a refugee, you are granted permission to stay in Japan and protected your life.

You don`t need to have a visa to apply for this recognition.

When you applied in six months after you come to Japan, you might be granted permission for provisional stay. This permission is basically valid for six months and you can stay in Japan during the term.

You can also select a language other than English among several languages ​​when you fill in application form so please check out the following page that gives you more detailed information, and make sure if you are able to apply for the recognition of refugee status in your mother tongue.

http://www.moj.go.jp/nyuukokukanri/kouhou/nyuukokukanri03_00091.html#01

In application I would recommend you ask an attorney who is familiar with recognition criteria.

I would love to help you with this matter.

In Japan, recognition of refugee status is made at extremely low rate and this is criticized internationally: in 2018 business year, only about 40 out of 10,000 people are recognized as refugee. However, in light of the purpose of the procedures that is based on international treaty in order to protect refugees, I believe that Japan should recognize refugee status more positively. I have many friends of overseas lawyers who are working with me. I can tackle the refugee and asylum issue with international lawyer's cooperation in practice and theory

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